The Supreme Court has commenced hearing on the appeal filed by the presidential candidate of the People’s Democratic Party (PDP), Atiku Abubakar, and his party against the judgment of the Presidential Election Petition Tribunal which upheld President Muhammadu Buhari’s victory in the February 23 general election.
Atiku and his party had filed a 66-ground of appeal before the Supreme Court, challenging the judgment of the Presidential Election Petition Tribunal, which affirmed Buhari’s election. The tribunal had said Buhari was not only qualified but eminently qualified to contest the post of President of the Federal Republic of Nigeria in the said election.
The appellants are challenging the judgment of the presidential election tribunal, which affirmed Buhari’s election.
The seven-member panel of Justices of the apex court handling the appeal is headed by the Chief Justice of Nigeria (CJN), Ibrahim Tanko Mohammad. Other members of the panel are Justices Bode Rhodes-Vivour, Olukayode Ariwoola, John Inyang Okoro, Aminu Sanusi, Ejembi Eko and Uwani Aba-Aji.
The Justices of the Supreme Court are asking parties to consolidate their interlocutary appeals.
Atiku and PDP filed the appeal on five grounds.
They alleged that the panel of the presidential election tribunal erred in law “when they relied on ‘overall interest of justice’, to hold that the 2nd Respondent’s Exhibits R1 to R26, P85, and P86 were properly admitted in evidence.”
They also alleged among other reasons that the tribunal erred in law “when they held thus: “My firm view is that Section 76 of the Electoral Act is clearly inapplicable to the issues under consideration. The form referred to are the form to be used in the conduct of the election as FORM CF001 had been taken care of in Section 31 of the Electoral Act and the said FORM CF001 is tied to the steps laid down in the said Section 31 of the Electoral Act.
“More importantly, the law is firmly settled that a candidate is not required by the Constitution or the Electoral Act to attach his certificates to FORM CF001 before the candidate can be considered or adjudged to have the requisite educational qualifications to contest the election.”
Atiku and PDP also alleged that the tribunal erred in law, when they held thus: “There was/is no pleadings in the Petition to the effect that 2nd Respondent’s failure to attach his certificates to Form CF001 amounts to lack of educational qualification to contest the election.
“In other words, the issue of failure to attach certificates which have been flogged throughout the length and breadth of the Petitioners Address (es) in Reply to 1st, 2nd and 3rd Respondents final written address is not the case of the Petitioner in the pleadings. No issue was joined on non-production of certificates or failure to attach them as an infraction of section 131, 137 and 138 of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
“All submissions about the failure to produce certificates or attach same to CF001 is hereby discountenanced. Even if it can be said that the submissions made are in tandem with the Petitioners Pleadings on issues 1 and 2 the fact remains that none of the facts pleaded were proved or established as required by law.”
They are therefore asking the Supreme Court to set aside the judgment of the tribunal and grant the prayers sought by them.
…more details later
